CBI Property Projects Limited v Tripipatkul & Tripipatkul

CBI Property Projects Limited v Tripipatkul & Tripipatkul

The application for permission to appeal was refused because the grounds advanced by the debtors had no real prospect of success: the default interest rate was commercially justified and not a penalty, the creditor discharged the burden of proof regarding fairness, and the fresh evidence of a secret commission could have been obtained with reasonable diligence before trial and thus was inadmissible.

Parties
Claimant: CBI Property Projects Limited; Defendants/appellants: Tripipatkul & Tripipatkul
Jurisdiction
England and Wales
Judgment Date
12 February 2024
Procedural Posture
Appeal / Application for Permission to Appeal (oral Hearing)
Outcome
Permission to appeal refused
Legal Topics
Unfair Relationship Under Consumer Credit Act, Default Interest Rates, Penalty Clauses, Fresh Evidence on Appeal, Burden of Proof, Secret Commission/bribery
Consumer Credit Contract Law Civil Procedure Unfair Relationship Under Consumer Credit Act Default Interest Rates Penalty Clauses Fresh Evidence on Appeal Burden of Proof +1 more

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Parties

CBI Property Projects Limited

Claimant

Tripipatkul & Tripipatkul

Defendants/appellants

Procedural Posture

Appeal / Application for Permission to Appeal (oral Hearing)

Legal Issues

  1. 1 Whether the relationship between creditor and debtor was unfair under section 140A of the Consumer Credit Act 1974
  2. 2 Whether the 12% default interest rate constituted a penalty and was therefore unenforceable
  3. 3 Whether the creditor discharged the burden of proof regarding fairness

Ratio Decidendi

The application for permission to appeal was refused because the grounds advanced by the debtors had no real prospect of success: the default interest rate was commercially justified and not a penalty, the creditor discharged the burden of proof regarding fairness, and the fresh evidence of a secret commission could have been obtained with reasonable diligence before trial and thus was inadmissible.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal dismissed
  • Application to admit fresh evidence refused